Summary:
BHOPAL: In a rare judgement, Gwalior bench of Madhya Pradesh high court (MPHC) has imposed a fine of Rs 5,000 on the State Bar Council for denying registration to a person because a criminal case was pending against him. He said no judgement has been pronounced in the case till date either of acquittal or conviction. The court further allowed the petitioner to approach court with civil jurisdiction for more compensation.“So far as prayer for compensation is concerned, petitioner is free to approach the court of civil jurisdiction. The amount would be given to the petitioner as cost of litigation. The State Bar Council, however, maintained because of the pending case against him, petitioner’s application for registration as lawyer has been declined.The court, while taking note that Section 24 (a) in The Advocates’ Act, 1961, provides for disqualification of a person for registration as lawyer “If he is convicted in an offence involving moral turpitude, if he is convicted in an offence under the provisions of untouchability Act, and if he is removed from office or employment under the state on the charge of moral turpitude,” said the petitioner was only an accused and can’t be disqualified for registration as advocate..